Madhya Pradesh High Court
Smt. Alsa Bai Kanjar vs The State Of Madhya Pradesh on 24 July, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
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CRA-10813-2019
THE HIGH COURT OF MADHYA PRADESH
CRA-10813-2019
(SMT. ALSA BAI KANJAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:24/07/2020
Shri Vijay Sundaram, learned counsel for the appellant.
Shri Purushottam Rai, Panel Lawyer for the respondent/State.
Matter is heard through Video Conferencing. I.A.No.7045/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.
Also heard on I.A.No.7048/2020, third application u/S.389(1) Cr.P.C. for suspension of sentence moved on behalf of sole appellant- Alsa Bai Kanjar.
This criminal appeal has been filed against the judgment dated 03.12.2019 passed by 10th Additional Sessions Judge, Gwalior, District Gwalior in ST No.340/2017.
The appellant has been convicted and sentence as under:-
S.No. Sections of Period of Fine In default IPC Imprisonment 1 368 of IPC 7 years RI Rs.2,000/- 6 months R.I. 2 373 of IPC 7 years RI Rs.2,000/- 6 months R.I. 3 370 (ka) of 7 years RI Rs.2,000/- 6 months R.I. IPC 4 370(4) of 10 years RI Rs.5,000/- 1 Year R.I. IPC 2 CRA-10813-2019 Learned counsel for the appellant has submitted that this is third application for suspension of sentence under Section 389(1) of Cr.P.C. Earlier application for suspension of sentence filed on behalf of appellant was dismissed on 19.03.2020. It is submitted by learned counsel for the appellant that the appellant is in custody since 06.12.2017. Due to COVID-19 condition, working of Courts are affected. Therefore, prays to suspend the jail sentence of appellant and grant him bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned Panel Lawyer for the State has opposed the application and submitted that there is specific allegation against the present appellant. Hence, no case for grant of suspension of jail sentence is made-out. Learned Panel Lawyer for the State submits that he is adopting reply filed on earlier occasion, for considering the present application.
Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the record.
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CRA-10813-2019 The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :
"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).
Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and 4 CRA-10813-2019 is facing trial or any other relevant factor, which the Committee may consider appropriate."
Considering the facts and circumstances of the case as well as custody period of the appellant and looking to the COVID-19 condition, without commenting on merits of the case, the application (I.A.No.7048/2020) is allowed and it is hereby directed that the appellant shall be released on bail for a temporary period of 90 days from the date of her release on her furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. The appellant shall surrender before the trial Court immediately after completion of 90 days. The intimation regarding surrender of the appellant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.
In view of COVID-19 pandemic, the jail Authorities are directed that before releasing the appellant, her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to her house, and if her test is found positive then the applicant shall be immediately sent to concerning hospital for her treatment as per medical norms. If the appellant is fit for release 5 CRA-10813-2019 and if she is in a position to make her personal arrangements, then she shall be released only after taking due travel permission from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where she was released.
List the case for final hearing in due course. E- copy of this order be sent to the Courts below concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge vpn VIPIN KUMAR AGRAHARI 2020.07.24 19:16:26 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'